A Florida county sheriff is being given a million dollars to violate the rights of the people who were stupid enough to put him in office.
According to an article by Palm Beach Post staff writers Dara Kam and Stacey Singer, posted Monday, April 29, Palm Beach County Sheriff Ric Bradshaw has been awarded $1 million by Florida House and Senate budget leaders for a new “violence prevention unit aimed at preventing tragedies like those in Newtown, Connecticut and Aurora, Colorado.
It would be bad enough if this particular jackbooted thug planned only to use this ill-gotten tax money for the usual militarized toys — machineguns or armored personnel carriers — the cops are so crazy about today, but Bradshaw reportedly wants to create “prevention intervention units” consisting of “specially trained deputies, mental health professionals, and caseworkers”. which “will respond to citizen calls to a 24-hour hotline with a knock on the door and a referral to services”.
“We want people to call us if the guy down the street says he hates the government…” the Big-Brotherly Bradshaw bloviated. “What does it hurt to have somebody knock on a door and ask, ‘Hey, is everything OK?'” Since the cops these days do their knocking with a three-foot concrete-filled section of four-inch diameter steel pipe, with welded rebar handles, Bradshaw’s stupid question tends to answer itelf.
L. Neil Smith, “Cutting the Root of Tyranny”, Libertarian Enterprise, 2013-05-06
May 6, 2013
QotD: This seems like a bad idea
May 2, 2013
Fraudster who sold fake bomb detectors to Iraq jailed for ten years
Under the circumstances, a ten year sentence is pretty lenient:
Fraudster James McCormick has been jailed for 10 years for selling fake bomb detectors.
McCormick, 57, of Langport, Somerset perpetrated a “callous confidence trick”, said the Old Bailey judge.
He is thought to have made £50m from sales of more than 7,000 of the fake devices to countries, including Iraq.
The fraud “promoted a false sense of security” and contributed to death and injury, the judge said. He also described the profit as “outrageous”.
Police earlier said the ADE-651 devices, modelled on a novelty golf ball finder, are still in use at some checkpoints.
Sentencing McCormick, Judge Richard Hone said: “You are the driving force and sole director behind [the fraud].”
He added: “The device was useless, the profit outrageous, and your culpability as a fraudster has to be considered to be of the highest order.”
One invoice showed sales of £38m over three years to Iraq, the judge said.
The bogus devices were also sold in other countries, including Georgia, Romania, Niger, Thailand and Saudi Arabia.
April 30, 2013
Barnes & Noble files a great argument for reforming the patent system
At Techdirt, Mike Masnick has to restrain himself from just quoting the whole B&N submission to the Federal Trade Commission and the Department of Justice:
As Groklaw notes, the B&N filing is clear, concise and highly readable. It outlines the problem directly:
The patent system is broken. Barnes & Noble alone has been sued by “non practicing entities” — a/k/a patent trolls — well over twenty-five times and received an additional twenty-plus patent claims in the last five years. The claimants do not have products and are not competitors. They assert claims for the sole purpose of extorting money. Companies like Barnes & Noble have to choose between paying extortionate ransoms and settling the claim, or fighting in a judicial system ill equipped to handle baseless patent claims at costs that frequently reach millions of dollars.
As they point out clearly, even when they have a very strong case — either when they don’t infringe and/or when the patent is bogus, a lawsuit is incredibly costly in terms of time, money and effort.
In the current system, patent trolls overwhelm operating companies with baseless litigation that is extremely costly to defend. Patent cases generally cost at least $2M to take through trial, and frequently much more. Litigating, even to victory, also entails massive business disruption. Companies are forced to disclose their most sensitive and top-secret technical and financial information and must divert key personnel from critical business tasks to provide information and testimony. The process is exceptionally burdensome, especially on technical staff. Document discovery and depositions seem endless.
Patent trolls know this and as a result, they sue companies in droves and make settlement demands designed to maximize their financial take while making it cheaper and less painful to settle than to devote the resources necessary to defeat their claims. The current system lets them do so even with claims that are unlikely to prevail on the merits. That is because, whether win lose or draw, the rules effectively insulate trolls from negative consequences except perhaps a lower return than expected from any given company in any given case. They can sue on tenuous claims and still come out ahead. And so the broken system with its attendant leverage allows trolls to extract billions in blackmail from U.S. companies and, in the final analysis, consumers.
One of the great things about the filing is that it reminds the FTC and the DOJ of the constitutional underpinnings of patent law — not that patents are required or guaranteed, but that their purpose is to promote the progress of the useful arts. If that is not happening, then the use of patents in such a manner should be seen as unconstitutional.
April 25, 2013
What we “know” as opposed to what is actually true
We all know the NFL is in serious trouble as more evidence comes out about the relationship between playing professional football and brain damage in later life. But what we know may not be true:
Dr. Everett Lehman, part of a team of government scientists who studied mortality rates for NFL retirees at the behest of the players’ union, discovered that the pros live longer than their male counterparts outside of the NFL. The scientists looked at more than 3,000 pension-vested NFL retirees and expected 625 deaths. They found only 334. “There has been this perception over a number of years of people dying at 55 on the average,” Dr. Lehman told me. “It’s just based on a faulty understanding of statistics.”
The scientists also learned that, contrary to conventional wisdom, NFL players commit suicide at a dramatically lower rate than the general male population. The suicides of Junior Seau, Dave Duerson, and Andre Waters don’t represent a trend but outliers that attract massive attention, and thereby massively distort the public’s perception. More typical was the death of Pat Summerall, who passed away quietly last week at 82 after a productive post-career career.
Indeed, a 2009 study by University of Michigan researchers reported that NFL retirees are far more likely to own a home, possess a college degree, and enjoy health insurance than their peers who never played in the league. The myth of the broke and broken-down athlete is just that: a myth. A few surely struggle after competition ceases; most apply their competitive natures to new endeavors.
It’s true that skill-position players on rosters for five or more years in the NFL faced elevated levels of Alzheimer’s, Lou Gehrig’s, and Parkinson’s disease deaths. But some perspective is in order. Of the 3,439 retired athletes studied by Lehman’s group, less than a dozen succumbed to deaths directly attributable to these neurodegenerative killers. Had Parkinson’s killed one rather than the two retirees it did kill, for example, its rate would have been lower among players than among the general population.
It’s quite possible the NFL is concerned (and ensuring that it is seen to be concerned) primarily because of the need to address public perceptions, rather than as a defensive move against future or ongoing legal challenges.
April 24, 2013
Copyright terms are almost certainly too long already
At Techdirt, Mike Masnick makes the case for reducing the swollen length of time current copyrights are protected:
We’ve pointed a few times in the past to a chart from William Patry’s book, looking at how frequently copyright was renewed at the 28 year mark back when copyright (a) required registration and (b) required a “renewal” at 28 years to keep it another 28 years. The data is somewhat amazing:
As you can see, very few works are renewed after 28 years. Only movies, at 74% are over the 50% mark. Only 35% of music and only 7% of books tells quite a story. It makes it quite clear that even the copyright holders see almost no value in their copyrights after a short period of time. It appears that the Bureau of Economic Analysis is coming to the same conclusion from a different angle. As Matthew Yglesias notes, as part of its effort to recalibrate how it calculates GDP, the BEA is considering money spent on the creation of content an “investment” in a capital good, which needs to be depreciated over the time period in which it is valuable. Frankly, I’m not convinced this is the smartest way to account for money spent on the creation of content, but either way, the BEA’s analysis provides some insight into the standard “economic life” of various pieces of content, which match up with the chart above in many ways.
A call to abolish the draft … the NFL draft, that is
S.M Oliva calls for the abolition of the NFL’s annual offseason TV mega-event in Reason:
The sports draft is an anomaly of the American labor market. In most industries new hires are free to seek employment wherever there’s an opening. Even promising high school athletes may accept a scholarship offer from any college. But the NFL shield has stood resolutely against labor freedom since 1935 when Bert Bell, then the struggling owner of the last-place Philadelphia Eagles, convinced the rest of the nine-team league that poorly performing clubs should be rewarded with first choice of promising college talent. Under this new system, a “drafted” player could only negotiate a contract with a single team.
[. . .]
Regardless of how players come into the league, they are all subject to a salary cap that fixes total compensation as a percentage of football-related revenues. The present collective bargaining agreement further constrains rookie salaries, and roster limits prevent a team from simply stockpiling players. All the draft does is increase the likelihood that the most promising new talent — the players taken at the top of the first round — will go to teams with a demonstrated history of mismanagement.
This should concern the league as it faces a rising tide of concussion-related lawsuits brought by former players. While the NFL tinkers with playing rules in an effort to make the game “safer,” there’s been no effort to question the role of the draft system in promoting unsafe working conditions. Let’s say Player X is a highly touted quarterback prospect drafted by Team A. What if Team A has a poor offensive line and a coach prone to recklessness with his quarterbacks? Player X can’t turn around and negotiate with Team B, which offers a better line and a coach with a stronger record of developing young quarterbacks. Player X is stuck with Team A, and if that means he’s out of football after four years, a record number of sacks and a half-dozen concussions, then so be it.
April 23, 2013
Seller of fake bomb detectors found guilty of fraud
Back in 2010, I said “There should be a special hell for this scam artist” who mocked up bomb detector kits and sold them for thousands of dollars in Iraq and other areas with a real need for protection against IEDs. It’s taken more than three years, but he’s finally been found guilty:
A Somerset-based businessman has been convicted of three counts of fraud over the sale of bogus bomb detectors after his operation was exposed in a BBC Newsnight investigation in 2010.
This was a scam of global dimensions. James McCormick marketed his fake bomb detectors around the world, selling them in Georgia, Romania, Niger, Thailand, Saudi Arabia and beyond.
But his main market was Iraq, where lives depended on bomb detection and where the bogus devices were, and still are, used at virtually every checkpoint in the capital.
Between 2008 and 2009 alone, more than 1,000 Iraqis were killed in explosions in Baghdad.
How the device was meant to work:
- A small amount of the substance the user wished to detect — such as explosives — was put in a Kilner jar along with a sticker that was intended to absorb the “vapours” of the substance
- The sticker was then placed on a credit-card sized card, which was read by a card reader and inserted into the device
- The user would then hold the device, which had no working electronics, and the swivelling antenna was meant to indicate the location of the sought substance
In other words, a magical dowsing stick that depended on the user to “detect” whatever the device was supposedly seeking. This wasn’t a case of a device that didn’t do what it was designed to do: it was a deliberate fraud with just enough “technological” mumbo-jumbo to appear to be a solution to a real problem:
The court heard that McCormick began his business by buying a batch of novelty “golf ball detectors” from the USA for less than $20 each. In fact they were simply radio aerials, attached by a hinge to a handle. He put the labels of his company, ATSC, on them and sold them as bomb detectors for $5,000 each.
He then made a more advanced-looking version which he was to sell for up to $55,000. The ADE-651 came with cards which he claimed were “programmed” to detect everything from explosives to ivory and even $100 bills. Police say the only genuine part of the kit — and the most expensive — was the carrying case.
To their credit, the police moved to investigate the same day the BBC’s original story broke. Strategy Page explained why the scam had been so easy to sell. Later it was reported that British civil servants and military personnel had been implicated in the fraud.
What we know (so far) about the would-be Via bombers
Maclean’s has a summary pulling together files from Nicholas Köhler, Charlie Gillis, Michael Friscolanti and Martin Patriquin on what is known about the two men arrested yesterday in a plot to commit an act of terror on a Canadian passenger train:
One of the men, Raed Jaser, is believed to have grown up in a Palestinian family with Jordanian roots. Court records seem to indicate he went on to a troubled history in Toronto, where authorities arrested him after a months’-long investigation they say ultimately leads back to al-Qaeda elements in Iran.
Although he is not a Canadian citizen, Jaser, 35, appears to have been in Ontario for at least two decades.
In October 1995, a man with the same name and year of birth was criminally charged in Newmarket, Ont., with fraud under $5,000 (the charge was withdrawn a year later). In December 2000, a week after his 24th birthday, Jaser was arrested and charged again, this time with uttering threats. Although court records show he was convicted of that charge, it’s not clear what sentence he received.
[. . .]
Details about the other man police say was involved in the plot, [Chiheb] Esseghaier, a resident of Montreal, are also coming into focus. A highly trained engineer, he had the resumé of an academic poised to go places.
As recently as last month he was publishing research papers.
The March 2013 edition of journal Biosensors and Bioelectronics published a paper on advanced HIV detection by Esseghaier, Mohammed Zourob and a fellow PhD student named Andy Ng.
According to his CV, Esseghaier was born in Tunisia. He received an engineering degree from Institut Tunisia’s National des Sciences Appliquées et de Technologie in 2007, with his masters degree following in 2008. He then moved to Université de Sherbrooke to research “SPR biosensor and gallium arsenide semi-conductor biofunctionnalization.” In November 2010, he joined Institut National de la Recherche Scientifique (INRS), a graduate institution associated with the Université du Québec.
April 22, 2013
April 21, 2013
Gary Johnson on legalizing marijuana
Former New Mexico governor and Libertarian presidential candidate Gary Johnson explains why he bucked conventional wisdom and became the first serving governor to call for the legalization of marijuana:
In 1999, as the Republican Governor of New Mexico, I made some waves by becoming the highest ranking elected official in the nation to call for the legalization of marijuana use and to publicly state the obvious: The War on Drugs is an “expensive bust.”
At that time, advocating the legalization of marijuana was considered an outrageous — and ill-advised — position to take. Polls clearly showed the public wasn’t yet ready to accept marijuana legalization, and there was absolutely no conventional political wisdom to support my decision.
So, why did I jump off that political cliff? The answer is simpler than you might think, and it applies even more today than it did more than 20 years ago. As I tried to do with virtually every policy issue the State of New Mexico faced, I looked at our drug laws through the lens of costs versus benefits. And the picture became very clear very quickly.
From the policeman on the street to the courts, prosecutors, and prisons, our legal system was overwhelmed by the task of enforcing a modern-day Prohibition that frankly made no more sense than the one that was repealed almost 80 years ago. Were we safer? Was drug abuse being reduced? Were we benefiting in any measurable way from laws that criminalize personal choices that are certainly no more harmful to society than alcohol use? The answer to all those questions was a pretty resounding “NO.”
April 20, 2013
The problematic crowd-sourcing of justice
In the Globe and Mail, Tabatha Southey is uncomfortable with the way members of Anonymous, Reddit, 4chan, and other online quasi-organizations leaped into the fray:
The Internet is brimming with people who want to help. To help you prune an orchid, perfect the shape of your gnocchi. Shortly after the bombings this week, hundreds of Bostonians posted offers of accommodations, spare rooms and couches.
Most assistance is graciously received, yet I was surprised last week to see how many people embraced the announcement by the self-appointed public conscience Anonymous that it had investigated the unbearably sad Nova Scotia case of 17-year-old Rehtaeh Parsons, who killed herself after she was allegedly gang-raped at a summer party, then was tormented over the incident.
[. . .]
Anonymous as an organization doesn’t really exist. It’s more of a meme — a concept, or behaviour that spreads within a community — than an agency. Anyone who says they’re Anonymous is Anonymous, which makes the groundswell of support its actions received so understandable.
I think a lot of us, upon learning of Rehtaeh’s death, wanted to go to Nova Scotia and shake those kids until something that looked closer to truth came out. Anonymous’s motivations are much like ours, and it can be difficult to remember that the presumption of innocence should be given more weight, not less, the more heinous the crime; the part that is almost the best in us screams otherwise.
Anonymous is not composed of superheroes, nor is it evil. Anonymous is just your nephew, or your neighbour, or you. We cede our pursuit of justice to that highly distractable quarter to our peril.
One only had to see that massive game of Where’s Waldo? taking place on Reddit this week to witness both the good intention, the potential and the problems inherent in crowd-sourced jurisprudence.
Boston’s security theatre performance
At Popehat, Clark explains why the security theatre response to the Marathon bombers was a lot of show, but not proportional to the actual threat posed by the two fugitives:
First, just in case it’s not utterly obvious, I’m glad that the two murderous cowards who attacked civilians in Boston recently are off the streets. One dead and one in custody is a great outcome.
That said, a large percent of the reaction in Boston has been security theater. “Four victims brutally killed” goes by other names in other cities.
In Detroit, for example, they call it “Tuesday”.
…and Detroit does not shut down every time there are a few murders.
“But Clark,” I hear you say, “this is different. This was a terrorist attack.”
Washington DC, during ongoing sniper terrorist attacks in 2002 that killed twice as many people, was not shut down.
Kileen Texas, after the Fort Hood terrorist attack in 2009 that killed three times as many people, was not shut down.
London, after the bombing terrorist attack in 2005 that killed more than ten times as many people, was not shut down.
Counting the cost of the city-wide lockdown:
First, the unprecedented shutdown of a major American city may have increased safety some small bit, but it was not without a cost: keeping somewhere between 2 and 5 million people from work, shopping, and school destroyed a nearly unimaginable amount of value. If we call it just three million people, and we peg the cost at a mere $15 per person per hour, the destroyed value runs to a significant fraction of a billion dollars.
[. . .]
Third, keeping citizens off the street meant that 99% of the eyes and brains that might solve a crime were being wasted. Eric S Raymond famously said that “given enough eyeballs, all bugs are shallow“. It was thousands of citizen photographs that helped break this case, and it was a citizen who found the second bomber. Yes, that’s right — it wasn’t until the stupid lock-down was ended that a citizen found the second murderer:
The boat’s owners, a couple, spent Friday hunkered down under the stay-at-home order. When it was lifted early in the evening, they ventured outside for some fresh air and the man noticed the tarp on his boat blowing in the wind, according to their his son, Robert Duffy.
The cords securing it had been cut and there was blood near the straps.
We had thousands of police going door-to-door, searching houses…and yet not one of them saw the evidence that a citizen did just minutes after the lock-down ended.
Come for the takedown of security theatre on a city-wide level, stay for the ultimate cops-and-donuts story.
April 18, 2013
April 16, 2013
Andy Baio: Copyright is the new Prohibition
Techdirt‘s Mike Masnick explains:
Andy Baio has an absolutely fantastic video presentation that he did recently for Creative Mornings/Portland on what he’s calling The New Prohibition. It’s half an hour long, but absolutely worth watching.
[. . .]
This video lets him talk a bit about the aftermath — to explain the true chilling effects of the threat and the eventual settlement. Baio is a creator. It’s in his blood. It’s what he’s always done, but after this he was afraid to create. Being threatened with a lawsuit, even if you believe you’re right, is a scary and possibly life-altering moment. Lots of people who have not been in those shoes think it’s nothing and that they could handle it. You don’t know.
As he notes in the talk, copyright law is probably the most violated law in the US after speeding and jaywalking (and I’m not even sure copyright infringement is really in third place in that list). But getting rung up for one of those gives you a “bad day” situation, not a ruined life. Copyright, on the other hand, can ruin your life. And chill your speech and creativity.
And this is the worst part: so many people, especially kids, are at risk. Baio also famously highlighted the prevalence of the phrase “no copyright intended” on YouTube. Tons of kids uploading videos use clips of music and videos with a phrase like that. Or with statements about fair use. Or with copyright law quotes. All, as he notes, to try to find that magic voodoo that wards off a possible lawsuit. Most of those people aren’t being sued.
But they could be.
